Durga Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90783 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- Bankebazar District- Gaya ====================================================== Durga Prasad Gupta S/o Lalchand Sav Resident of Village- Sobri, P.O.and P.S.- Imamganj, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Anand, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Bankey Bazar PS Case No. 147 of 2025 instituted for the offences under Sections 30(a) & 33 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 160 litres of liquor was recovered from Tata punch. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case as being registered owner of the car and he was not aware that illicit liquor was laded in the vehicle. The petitioner has got no

Patna High Court CR. MISC. No.90783 of 2025(2) dt.19-01-2026 2/2 concern with the alleged recovery of liquor. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. Other co-accused has been granted bail by this Court vide order dated 03.12.2025, passed in Cr. Misc. No. 83034 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bankey Bazar PS Case No. 147 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T